Law No. (11) of
2024
Establishing the Dubai
Environment and Climate Change Authority[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal
Law No. (23) of 1999 Concerning Exploitation, Protection, and Development of
Living Aquatic Organisms in the United Arab Emirates and its amendments;
Federal
Law No. (24) of 1999 Concerning the Protection and Development of the
Environment and its amendments;
Federal
Decree No. (238) of 2016 Ratifying the Paris Agreement on Climate Change;
Cabinet
Resolution No. (37) of 2001 Incorporating Regulations into the Implementing
Bylaw of Federal Law No. (24) of 1999 Concerning the Protection and Development
of the Environment and its amendments;
Law
No. (1) of 2001 Establishing the Ports, Customs, and Free Zone Corporation and
its amendments;
Law
No. (11) of 2003 Establishing Nature Reserves in the Emirate of Dubai;
Law
No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai;
Law
No. (19) of 2009 Establishing the Supreme Council of Energy;
Law
No. (8) of 2013 Concerning Human Resource Management of Directors General in
the Government of Dubai and its amendments;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai, its Implementing Bylaw, and their amendments;
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources;
Law
No. (5) of 2021 Concerning the Dubai International Financial Centre;
Law
No. (27) of 2021 Concerning the Dubai Electricity and Water Authority;
Law
No. (3) of 2023 Concerning the Dubai Maritime Authority;
Law
No. (4) of 2023 Concerning the Dubai Ports Authority;
Law
No. (16) of 2023 Concerning Urban Planning in the Emirate of Dubai;
Law
No. (26) of 2023 Concerning the Executive Council of the Emirate of Dubai;
Decree
No. (22) of 2001 Concerning the Conservation of Coastal Areas in the Emirate of
Dubai;
Decree
No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree
No. (1) of 2019 Regulating the Establishment of Companies by Government
Entities in the Emirate of Dubai;
Decree
No. (34) of 2022 Establishing the Agencies Affiliated to the Dubai Municipality
and Determining their Functions;
Decree
No. (60) of 2023 Regulating the Transfer of Employees in the Government of
Dubai;
The
Order of 1961 Establishing the Dubai Municipality;
The
Order Concerning Compliance with Public Health and Safety and Environment
Protection in the Emirate of Dubai, issued on 21 January 2004;
Executive
Council Resolution No. (19) of 2020 Forming the Dubai Food Security Committee
and its amendments;
Executive
Council Resolution No. (2) of 2021 Forming the Committee Regulating the Fishing
of Living Aquatic Organisms in the Emirate of Dubai;
Executive
Council Resolution No. (43) of 2022 Approving the Organisational Structure of
the Dubai Municipality;
Local
Order No. (61) of 1991 Concerning Environment Protection Systems in the Emirate
of Dubai and its Implementing Bylaw;
Local
Order No. (8) of 2002 Concerning Sewerage, Irrigation, and Water Drainage in
the Emirate of Dubai;
Local
Order No. (11) of 2003 Concerning Public Health and Community Safety in the
Emirate of Dubai, its Implementing Bylaw, and their amendments; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do
hereby issue this Law.
This Law will be cited as “Law No. (11) of 2024 Establishing the
Dubai Environment and Climate Change Authority”.
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The
Government of Dubai. |
|
Executive
Council: |
The
Executive Council of the Emirate of Dubai. |
|
DM: |
The
Dubai Municipality. |
|
DECCA: |
The
Dubai Environment and Climate Change Authority, established pursuant to this
Law. |
|
Director
General: |
The
director general of the DECCA. |
|
Local
Entity: |
Any
of the Government departments; public agencies and corporations; councils;
authorities, including the authorities supervising Special Development Zones
and free zones, such as the Dubai International Financial Centre; companies
owned by the Government or Government Entities, or in which the Government or
Government Entities hold shares; or other entities affiliated to the
Government. |
|
Environment: |
The
biosphere, where life exists in various forms, comprising Natural Elements
and Man-made Elements. |
|
Natural
Elements: |
These
include all living things, such as humans, animals, plants, and other living
organisms; natural resources, such as air, water, soil, and organic and
inorganic materials; and natural habitats. |
|
Man-made
Elements: |
These
include everything introduced by humans into the natural Environment,
including fixed and non-fixed structures, such as roads, bridges, airports,
and means of transportation, as well as the industries, innovations, and
technologies developed in connection with these elements. |
|
Environment
Protection: |
Preserving
the components, properties, and natural balance of the Environment;
preventing, reducing, or controlling pollution; preserving Natural Resources
and rationalising their consumption; protecting the organisms living in the
Environment, especially endangered species; and developing and improving
these components. |
|
Climate
Change: |
The
long-term shifts in temperature and weather patterns, whether these shifts
are the result of natural or human activities. |
|
Climate
Change Mitigation: |
Reducing
the emissions of greenhouse gases resulting from human activities and causing
global warming, which contribute to Climate Change. |
|
Climate
Change Adaptation: |
The
readiness of establishments, infrastructure systems, economic activities,
services, and various facilities, which
ensures their resilience against the anticipated risks and negative impacts
of Climate Change. |
|
Steering
Committee: |
The
committee formed pursuant to the provisions of this Law to ensure the smooth
transition of functions, powers, responsibilities, budgets, and Employees to the
DECCA. |
Pursuant
to this Law, a public authority named the “Dubai Environment and Climate Change
Authority” is established. The DECCA will
have legal personality and the legal capacity required to undertake the acts
and dispositions that ensure the achievement of its objectives. The
DECCA is hereby affiliated to the Executive Council.
The
head office of the DECCA will be located in the
Emirate. Branches and offices of the DECCA may
be established within and outside of the Emirate pursuant to a resolution of
the Executive Council.
The
DECCA aims to:
1. ensure
Environment Protection, preserve the quality and natural balance of the
Environment, and maintain the sustainability of the biological systems and
Natural Resources of the Emirate;
2. contribute
to the conservation of the Natural Resources, fish stock, and fishery resources;
to the maintenance of biodiversity and its sustainability in the UAE; and to
the optimal utilisation of these resources for the benefit of present and
future generations;
3. support
decision makers in formulating development policies and planning processes, and
in measuring strategic performance, with a view to ensuring Environment
Protection and combating Climate Change, mitigating its effects, and adapting
thereto;
4. ensure
the sustainability of the Environment, its living and non-living Natural Resources,
and its ecosystem services;
5. contribute
to achieving, in coordination with the concerned entities, the Emirate's
sustainable development objectives in all areas related to the
DECCA’s functions;
6. promote
the principles of green economy and circular economy, reduce the ecological and
carbon footprint of the Emirate, and optimise the utilisation of its local
resources;
7. enhance
food security in the Emirate and support local production;
8. contribute
to the implementation of the principles and requirements of environmental
health, with a view to protecting human health against hazards; and
9. contribute
to ensuring compliance with the international environmental conventions and
treaties to which the UAE is a party.
The DECCA
is the competent official entity in charge of all matters related to
developing, approving, and managing the plans, policies, and strategies related
to Climate Change, Environment Protection, and food security within the
Emirate, including in Special Development Zones and free zones, such as the
Dubai International Financial Centre. In particular, the DECCA
will, in coordination with the concerned entities in the Emirate, where
applicable, have the duties and powers to:
1. develop
the regulatory frameworks and guidelines required for implementing
environmental governance, with a view to ensuring the optimal implementation of
sustainability procedures and activities;
2. launch
environmental research projects and studies aimed at preserving the Environment
and ensuring the sustainability of its resources; and develop innovative
solutions to environmental issues;
3. prepare
and develop the policies, and manage and follow up the plans, required for
Climate Change Adaptation;
4. formulate
and develop a Climate Change Mitigation policy; develop the targets,
initiatives, and programmes required for reducing greenhouse gas emissions and
achieving climate neutrality; follow up the implementation of these, targets,
initiatives, and programmes; and submit the relevant periodic reports to the
Executive Council;
5. prepare,
develop, manage, and follow up the policies and requirements for licensing
Groundwater Basins and Groundwater wells in the Emirate and maintaining the Groundwater
reserves and quality; establish the requirements and conditions for using or
extracting Groundwater from wells, and for deepening, widening, or altering
Groundwater wells; issue the relevant permits and oversee, supervise, and monitor
the same in accordance with the legislation in force in the Emirate with a view
to ensuring their optimal and sustainable use;
6. develop
the policies related to sewerage, surface water, and reclaimed water in the
Emirate; and preserve surface water and reclaimed water and develop the
required manuals and frameworks to ensure their safety, in line with the
relevant quality assurance requirements and with a view to ensuring their
optimal utilisation and achieving the highest levels of quality of life and
best environmental performance, in accordance with the best international standards
adopted in this respect;
7. prepare,
develop, manage, and follow up the policies, legislation, plans, and guidelines
supporting the development and implementation of policies and plans for the
protection of Nature Reserves, and for the conservation of marine and
terrestrial fauna and flora biodiversity and ecosystems therein, as well as
Natural Resources, including air and soil quality, biodiversity, and the
development of Nature Reserves and all water resources, with a view to ensuring
effective management of these reserves and resources;
8. establish,
manage, operate, develop, and supervise Nature Reserves in the Emirate; conduct
specialised surveys and studies; implement the necessary projects; and issue
the regulatory and administrative rules that ensure their sustainability and
development;
9. develop
general policies for Waste Management in the Emirate; and propose the
legislation, specifications, and manuals supporting these policies, with a view
to minimising Waste production and enhancing recycling, Waste sorting, and
shifting away from landfilling;
10. develop
a general policy for greening and horticulture in the Emirate, and propose and
prepare the legislation, specifications, and manuals supporting horticulture
and afforestation, with a view to enhancing the environmental performance of green
and horticultural spaces;
11. develop,
and supervise the implementation of, environmental health policies in the
Emirate, with a view to preserving human health;
12. prepare,
develop, and manage the food security strategy in the Emirate in line with the
national food security strategy, including identifying key products and the rate
of their local consumption, food production and processing capacity, and
nutritional requirements, with a view to ensuring sustainable local production;
facilitating global food trade; diversifying food import sources; developing
alternative supply plans; and following up and supervising their implementation
by the concerned entities in the Emirate;
13. protect
agricultural, animal, and fishery production in the Emirate; and minimise the
risk of epidemics, animal and zoonotic diseases, and pests;
14. regulate,
license, and support local agricultural, animal, and fishery production
projects;
15. develop
the plans and strategies required for countering environmental risks,
emergencies, crises, and disasters; combating environmental degradation and
pollution, and managing natural factors and their impacts, in accordance with
the legislation in force in the Emirate;
16. establish
an environmental monitoring system; develop and operate environmental
monitoring networks; and implement the actions, measures, plans, and strategies
that ensure Environment Protection and prevent exceeding the permitted limits
of environmental pollutants;
17. conduct
periodic surveys of the environmental impacts resulting from the exploration,
extraction, and exploitation of oil and gas within production fields and within
land and maritime transport routes;
18. combat
various forms of pollution; prevent any short-term or long-term negative effects
resulting from economic, agricultural, animal, aquatic, industrial, and urban
development plans and programmes, or any other development programmes aimed at
improving the quality of life; and coordinate with the concerned federal
entities to ensure Environment Protection, preserve the quality and natural
balance of the Environment, and instil environmental awareness and pollution
control principles;
19. protect
the marine, terrestrial, and atmospheric Environments in the Emirate from
Pollution and depletion; preserve the sustainability of Natural Resources,
fishery resources, and wildlife; and develop and propose the relevant
supporting policies, legislation, and manuals;
20. protect
the coastal areas, beaches, creeks, lakes, canals, waterways, and dams in the
Emirate; and establish the necessary environmental controls to ensure the
preservation of their ecological properties;
21. regulate
and license maritime and coastal projects with environmental impact, as well as
the projects built on waterways in the Emirate; and supervise and monitor their
implementation;
22. develop
regulatory controls and environmental permits and grant environmental approvals
for infrastructure projects; construction projects; facilities; industrial,
service, and development activities; and other projects, facilities, and
activities with environmental impact, based on the relevant Environmental
Impact Assessment of the same; and monitor the compliance of these projects, facilities, and activities with
the regulations and standards stipulated in the legislation in force in the
Emirate;
23. issue
permits, approvals, and no-objection certificates for the activities related to
the Environment;
24. evaluate
the impact of population growth; infrastructure projects; and urban development
and expansion on the Environment and on wildlife; and contribute to planning
these projects in collaboration with the competent entities to ensure the
preservation of the Environment and wildlife;
25. grant
permits to establishments and corporations to conduct the activities of acquisition,
raising, care, and trade of livestock and pets; to provide therapeutic and
preventive veterinary services in the Emirate; and to conduct other
agricultural, animal, and fishery activities, and supervise and monitor the business
of these establishments and corporations;
26. monitor
the acquisition of all types of animals and deal with lost and stray animals;
27. regulate
the exploitation of soil in the Emirate, with a view to ensuring its rational
use; and oversee and monitor such use;
28. monitor
and oversee environmentally significant or sensitive areas and sites, such as
wetlands, coral reefs, Nature Reserves, public parks, and similar areas and
sites;
29. raise
community awareness of environmental sustainability and of the practices that
are detrimental to the Environment;
30. manage,
develop, and periodically measure environmental performance indicators;
31. manage,
organise, and disseminate environmental data throughout the Emirate in
accordance with the legislation in force;
32. provide,
in coordination with the competent entities in the Emirate, opinion on draft
local and federal legislation and international protocols, treaties, and
conventions that fall within the functions of the DECCA
under this Law;
33. own
and take lease of the real property, movables, equipment, devices, and other
assets required for performing the functions and work of the DECCA; and manage
and use these assets in accordance with the international best practices;
34. establish,
solely or in partnership with other persons, companies and corporations to
implement the projects and programmes supporting the performance by the
DECCA of its functions, in accordance with the
legislation in force in the Emirate;
35. ensure
that its services are integrated and coordinated with the services of the public
sector and private sector, and are aligned with its approved plans and
projects;
36. organise,
and participate in, local and international events and conferences in the
fields related to the functions of the DECCA; and
37. exercise
any other duties or powers assigned to it by the Ruler or the Chairman of the
Executive Council.
With
the exception of the powers, functions, and responsibilities vested in it in
respect of establishing and preparing the policies, legislation, and manuals
that fall within its functions under this Law, the DECCA
may outsource, in accordance with the legislation in force in the Emirate, any
of its powers, functions, and responsibilities under this Law to any public or
private entity pursuant to an agreement concluded with that entity in this
respect. This agreement will determine the rights and obligations of the
DECCA and the contracted entity as well as the
conditions, requirements, and specifications that the entity must observe when
performing the functions outsourced to it by the DECCA.
The
executive body of the DECCA will be comprised of the
Director General and a number of administrative, finance, and technical
Employees, to whom Law No. (8) of 2018 Concerning Management of the Government
of Dubai Human Resources, and the resolutions issued in pursuance thereof, will
apply.
a. A
Director General will be appointed to the DECCA
pursuant to a decree of the Ruler.
b. The
employment rights of the Director General will be determined in accordance with
the above-mentioned Law No. (8) of 2013 and the resolutions issued in pursuance
thereof.
c. The
Director General will be directly responsible to the Executive Council for
performing his duties under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate; and for performing any
other duties assigned to him by the Ruler or the Chairman of the Executive
Council.
a.
The Director General will
supervise the work and activities of the DECCA;
manage its affairs; and represent it in its relations with third parties. For
these purposes, the Director General will have the duties and powers to:
1.
propose, in coordination with
the competent entities in the Emirate, the general policy and the strategic and
development plans of the DECCA;
present the same to the Executive Council for approval; and follow up their
implementation;
2.
propose policies, strategies,
and initiatives in support of Environment Protection and combating Climate
Change; review them in consultation with the competent entities in the Emirate;
and submit the same to the Executive Council for approval;
3.
approve the initiatives,
programmes, projects, studies, and recommendations that are related to the work
and activities of the DECCA, and that enable it to
achieve its objectives;
4.
approve and review the work
plans and programmes of the DECCA, and
assess their applicability on an annual basis;
5.
prepare the draft annual
budget and Financial Statements of the DECCA, and
present the same to the competent entities in the Emirate for approval;
6.
submit periodic reports to the
Executive Council on the implementation of the approved general policies,
strategies, and initiatives; and on the performance indicators and programmes
related to implementation of the strategic plans of the Emirate, in relation to
Environment Protection and combating Climate Change; as well as annual
performance reports on the work and activities of the DECCA;
7.
supervise the daily work and
the personnel of the DECCA, and appoint the technical
and administrative staff required to perform the work of the
DECCA in accordance with the legislation in force in
the Emirate;
8.
propose the organisational
structure of the DECCA, and submit the same to the
competent entities in the Emirate for approval in accordance with the
legislation in force;
9.
approve the bylaws and
resolutions regulating the administrative, financial, and technical work of the
DECCA;
10. propose
fees and charges for the services provided by the DECCA,
and submit the same to the competent entities in the Emirate for approval;
11. conclude
contracts, agreements, and memoranda of understanding in the fields related to
the achievement of the DECCA objectives and enabling it to
perform its duties and functions;
12. form
specialised permanent and temporary committees and work teams, and determine
their duties and functions; and
13. exercise
any other duties or powers assigned to him by the Ruler or the Chairman of the
Executive Council, as required for the achievement of the DECCA
objectives and for enabling it to exercise its duties and powers.
b.
The Director General may
delegate any of his duties and powers under paragraph (a) of this Article to
any of the executive directors/ chief executive officers, or any of the other
Employees, of the DECCA, provided that such
delegation is specific and in writing.
The financial resources of the DECCA will consist
of:
1. the financial appropriations allocated to the DECCA in the General
Budget of the Government;
2. the movable and immovable property allocated to the DECCA by the
Government;
3. the fees and charges for the services provided by the DECCA; and
4. any other resources approved by the Executive Council.
a. In managing its accounts and records, the DECCA will apply the rules
and principles of government accounting.
b. The Financial Year of the DECCA will commence on 1 January and will
end on 31 December of each Year, except that the first Financial Year will
commence on the date on which this Law comes into force and will end on 31
December of the following Year.
All
Local Entities must fully cooperate with the DECCA;
meet its requirements; and provide it with all the data, information,
documents, statistics, reports, and studies it requests, particularly any
reports on the implementation of the policies and performance indicators
approved by the DECCA, to enable it to achieve its
objectives and exercise its functions under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate.
a. As of the date on which this Law comes into force, the following will be transferred from the DM to the DECCA:
1. all the duties and functions vested in the DM and its affiliated agencies under the legislation in force in the Emirate in respect of the regulatory matters that fall within the functions of the DECCA under this Law. The Steering Committee will determine the entities, organisational units, functions, powers, duties, and responsibilities related to the regulatory matters to be transferred to the DECCA;
2. the ownership of the real property, movables, assets, devices, equipment, and other property of the DM and its affiliated agencies that are relevant to the functions of the DECCA under this Law;
3. the Employees of the DM working at the organisational units performing the powers and functions assigned to the DECCA under this Law, and the Employees to be transferred to the DECCA upon mutual agreement with the DM as well as the financial appropriations allocated to these Employees by the Department of Finance, in accordance with the provisions of the above-mentioned Law No. (1) of 2016 and Decree No. (60) of 2023, and other legislation in force in the Emirate and without prejudice to their existing rights; and
4. the financial appropriations allocated by the Department of Finance, in the annual budget of the DM, for the activities and functions to be performed by the DECCA under this Law and other legislation in force in the Emirate.
b. The functions, powers, and responsibilities vested, under the legislation in force, in the Dubai Electricity and Water Authority PJSC, the Supreme Council of Energy, the Dubai Food Security Committee, and the Committee Regulating the Fishing of Living Aquatic Organisms, in respect of all regulatory matters assigned to the DECCA under this Law, are hereby transferred to the DECCA. Furthermore, the annual financial appropriations allocated to these entities in their annual budgets, excluding the annual financial appropriations of the Dubai Electricity and Water Authority PJSC and of the Supreme Council of Energy, will be transferred to the DECCA.
c. Pursuant to a resolution of the Chairman of the Executive Council, the Steering Committee will be formed to supervise compliance with the provisions of paragraphs (a) and (b) of this Article. The DM and the entities referred to in paragraph (b) of this Article will, as of the effective date of this Law and until completion of the mandate of the Steering Committee, continue to exercise their duties and powers in respect of the matters assigned to the DECCA under this Law.
d. As of the date on which the Steering Committee completes its mandate under paragraph (c) of this Article, the DECCA will succeed to all the rights and obligations of the DM and the entities referred to in paragraph (b) of this Article in respect of the functions, powers, and responsibilities transferred to the DECCA under this Law.
The DECCA, the DM, and the other
entities referred to in paragraph (b) of Article (14) hereof must, under the
supervision of the Steering Committee, coordinate with the concerned entities
in the Emirate to comply with the provisions of this Law within a period not
exceeding one (1) Year from the date on which this Law comes into force. The
Chairman of the Executive Council may, where required, extend this time frame
for the period he deems appropriate.
The Chairman of the Executive Council will issue
the resolutions required for the implementation of the provisions of this Law.
Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Law.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler
of Dubai
Issued
in Dubai on 25 April 2024
Corresponding to 16 Shawwal 1445 A.H.
©2024 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.